### SERVED: FEBRUARY 15, 2017
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF TRANS TIME EXPRESS DOCKET NO. FAA-2012-1260 (Civil Penalty Action) 

# DEPARTMENT OF TRANSPORTATION 

# Zlll FEB Ib A II= 3LJ 

# DOCKET OPERATIONS

ORDER OF CIDEF ADMINISTRATIVE LAWJUDGE DISMISSING PROCEEDING WITH PREJUDICE By motions

## se~ed December 22,2016, 1 

### and January 31,2017/Respondent states that, because the case has been settled, it withdraws its request for a hearing."3 

### Since no motion is required, each motion is deemed to be a withdrawal ofRespondent's request for hearing.4 

### Accordingly, pursuant to Ru1e 215, this proceeding is dismissed withprejudice.5 

### The FAA shall sendthe Judge and Docket a copy ofany compromise order or final order assessing

1Motion to Withdraw Request for Hearing, at 1(Dec. 22, 2016) ("Respondent Trans Time Express, through its attorney CameronNiakan, hereby withdraws its request for a hearing, as the case has been settledbythe parties."). 2 Motionto Withdraw Request for Hearing, at 1 (Jan. 31, 2017) ("Respondent Trans Time Express ('Trans'), through counsel, CameronNiak:an, Esq. hereby withdraws its request for a hearing in this matter, as the case has been settled between the parties.").

· 3 Though each motion certifies service on Complainant's Counsel, neither mentions filing with the Hearing

Docket. Contrary to (1) the procedural rules 

### (see, e.g., Rules 210 (filing ofdocuments) 

### & 218(c) (filing motions), 

### available athttps://www.gpo.gov/fdsys/pkg/CFR-2016-title14-voll/pdf/CFR-2016-title14-vol1-part13.pdf), (2) prior orders 

### (see, e.g., Notice ofAssignment ofProceeding (July 17, 2015) ("All future pleadings and other communications regarding this proceeding shall be served on the Judge, the FAA Hearing Docket, and the other persons onthe attached Service List."); Order ofChiefAdministrative Law Judge Granting Consent Motion to Extend Deadlines, at 2 (Dec. 12, 2016) ("On orbefore December 23, 2016, a party shall serve, file, and deliverto the Judge- (a) A reportthatthe parties have failed to settle; or (b) A notice, in accordance with§ 13.215, in which either Complainant withdraws its complaint or Respondent withdraws its request for hearing and answer.")), and (3) statements byRespondent's Counsel, in response to status inquiries, that he would comply with the December 12, 2016, order, neither motion apparently has been filed, and neither is available inDocketNo. FAA-20 12-1260 via fdms.gov orregulations.gov. To avoid further delay, we will provide the Hearing Docket with copies ofthe unfiled documents. 4 

### See Rule 215 ("At any time before or during a hearing, an agency attorney may withdraw a complaint or a party may withdraw a request for a hearing without the consent ofthe administrative lawjudge." 5 ld. ("Ifan agency attorney withdraws the complaint or a party withdraws the request for a hearing

... , the administrative lawjudge shall dismiss the proceedings under this subpart with prejudice.).

### SERVICELIST ORIGINAL & 

### ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC--430 Wilbur Wright Building-Suite2Wl0006



### CameronNiakan, Respondent's Counsel 

### 10101 Grosvenor Pl. #620 Rockville, MD 20852 TEL: 202-276-4726 FAX: (None Provided) EMAIL: cn@Niakanlaw.com

. Andrew Lambert, Complainant's Counsel 

### Enforcement Division, AGC-300 Office ofthe ChiefCounsel, FAA 800 Independence Avenue, S.W. Washington, DC 20591 TEL: 202-267-7617 FAX: 202-267-5106 The Honorable Ronnie A. 

### Yoder,

Chief Administrative LawJudge 

### U.S. Department ofTransportation Office ofHearings, M-20 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2142 FAX: 202-366-7536 ONE COPY DocketNo. FAA-2012-1260 (Civil Penalty Action)

6 

### Service was byU.S. Mail. For service inperson orbyexpedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur WrightBuilding-Suite2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.

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